CCJ looking for consent or set aside

Raf123411

Coupon-mad said:

There was no hearing, if you mean the CCJ.  No Judge heard anything.

Sorry for some reason i thought it going as normal hearing. So for all scam parking companies its even easier with just paperwork signed by court without any questions.

nosferatu1001 said:

OP yo umust be precise
What "letter" was not delivered? The court claim N1 form? WHat was the difference in dates between the oriignal NtK being sent? Was it recived at the correct address? WHen was the V5 changed, and were you there to be found? Did the claimant have good reason to not think the defendant was at the address they sent the claim form to?
You need to answr all of these to understand CPR13.2

Sorry i slowly getting use to using right terms and be more precise with my posts.

None of the letter was recived so NTK, any court letter or anything.

NTK was issued 27/12

I moved to my new address on the end of December, with my tenancy in old house being until end of January but again I havent recived anything in there. I amended my address with DVLA on the beggining of January receiving updated V5C  with updated address on 07/02/2020. Send all of evidence of that to court with my WS and N244 form. Hope that make sense.

nosferatu1001

Nope, give a simple timeline. Not a narratiev
Date of NtK
DAte moved
Date updated V5
Date claim file
Date of judgement
etc. 

Raf123411

nosferatu1001 said:

Nope, give a simple timeline. Not a narratiev
Date of NtK
DAte moved
Date updated V5
Date claim file
Date of judgement
etc. 

Thank you I`ll get this ready for my Phone hearing to make it simple for court to catch everything.

I never received claim file is that should come from Excel? Or what will be the best way to find out?

Coupon-mad

If you mean the claim form, ask Excel and the CCBC at Northampton for a copy of it.

nosferatu1001

Raf123411 said:

nosferatu1001 said:

Nope, give a simple timeline. Not a narratiev
Date of NtK
DAte moved
Date updated V5
Date claim file
Date of judgement
etc. 

Thank you I`ll get this ready for my Phone hearing to make it simple for court to catch everything.

I never received claim file is that should come from Excel? Or what will be the best way to find out?

Do that *now*. Because part of 13.2 is showing lacjk of good service. How will you show that? Can you explain it? Or would having us help you be a better idea?

Tehre is no "claim file". You know that the first step - and only, in case of a default - is they file a single claim FORM, the N1. You get a copy of that - or at least the details from it - from the CCBC

Raf123411

nosferatu1001 said:

Do that *now*. Because part of 13.2 is showing lacjk of good service. How will you show that? Can you explain it? Or would having us help you be a better idea?

Thanks really appreciate your help!

Date of alleged parking event: 13.12.2018

Date of NtK issued 27.12.2018  but never seen this being delivered before i left my old address. Next letters was dated: 25.01.19 , 11.02.19, 01.03.19, 28.3.19
Date moved: Mortgage Deed signed 21.12.2018 with moving date around this(Council tax bill issued 7/01/19) , but my tenancy don`t finished in old address until end of January
Date updated V5: 07.02.2019 ( I send form via post on the beggining of Janaury don`t remember exact date)
Date claim file: Letter before claim from Excel was sent on 28.03.2019
Date of judgement:03 June 2019

Just off this topic

In one of the documents Excel provided me I just found :

Are the PCNs POFA compliant?:
NONPOFA

So they not even trying being POFA compliant.

nosferatu1001

Yes, but if they know who drove, or you get asked in court and that person is you, then defending on that basis is not going to help. It also shouldnt be a shock: VCS and Excel do NOT use POFA. Well known. It also doesnt matter until you get yuor set aside...
So it looks like you never received AND importantly never responded to any letters? In which case they had no idea that the address was correct- in which case a mandatory set aside under CPR13.2 should be possible. Having had NO contact from you ever, a reasonable person may question as to whether they are writing to the right place. 
You do need to ensure you have redirection in place, in future. Crazy not to. 

Raf123411

nosferatu1001 said:

So it looks like you never received AND importantly never responded to any letters? In which case they had no idea that the address was correct- in which case a mandatory set aside under CPR13.2 should be possible. Having had NO contact from you ever, a reasonable person may question as to whether they are writing to the right place. 

You do need to ensure you have redirection in place, in future. Crazy not to. 

Yes thats correct, I never recieved anything from either Excel or court.

Even in one of the letter dates 25/01/19 Excel stating:

A Notice to Keeper was issued to you, the Registered Keeper of the vehicle, by post on and our records indicate that we have had no response to that Notice.

Do you think I can use this during hearing to set aside?

Hopefuly judge will considering that Excel even with not received any response from me still carry on with the process.

Still long wait until April to find out what will be judge opinion on that.

nosferatu1001

Yes! Have you read up on service? Given that is the whole point of CPR13.2 set asides, you MUST do. Henrik77 has some fantastic posts on this. You MUST understand this, because if you prove lack off  service you are almost certain to get a set asidfe, and highly likelyu to get your costs of app straight away. 

nosferatu1001

Dont sit and waiut until april
Show us that you can CLEARLY demonst rate CPR13.2 grounds. If you cant do it for us, why do you expect a judge will?